Divorce Lawyer Edmonton | 7 Great Child Welfare

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Hello. My name is Janan Jarrah, of divorce lawyer Edmonton. I’m one of the lawyers here at Elaw Alliance, a law firm located in Edmonton, Alberta, Canada. Today’s legal video is going to cover the topic of child welfare law in Alberta. The statute, or act that governs this area of law in Alberta is called the child, youth, family and enhancement act. And it could be obtained online for free using the can legal database. It’s a free legal database. You just have to search out child youth family enhancement act, and you’ll get a free copy of that act. And it’s pretty comprehensive and lays out. All of those rules related to the area of law can, is also a free legal database. So it is open for anybody to use it, to search out statutes across Canada.

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What Is Child And Family Services

So another thing to keep in mind about child welfare law in Alberta is that there are a number of different agencies, uh, government agencies that handle child welfare matters. There are too many to name across Alberta. So when, uh, so I’m going to refer to them collectively as CFS or child and family services for the purposes of this video. Now when CFS or child and family services or the police get a complaint related to a child in need, uh, have the option to pursue the matter outside of the court system or within the court system. Any specific questions should be directed to a divorce lawyer Edmonton.

Protecting Children Who Need Intervention

And before I explain those two options, let me first, uh, let you know what it means when a child is in need of intervention and that’s going to be found directly in the child, youth family enhancement act a, it indicates that a child is in need of intervention. If there are reasonable and probable grounds to believe that the safety security or development of the child is in any way endangered. And the specific ways a child may be in need of intervention or be endangered are the if the child has been abandoned or lost, if the guardian of the child is deceased and there is no other guardian.

Many Ways A Child May Need Help

If the child has been neglected by the guardian, if the child has been, or there is substantial risk that the child will be physically injured or sexually abused by the guardian, if the guardian of the child is on unable or unwilling to protect the child from physical injury or sexual abuse, if the child has been emotionally injured by the guardian. Or if the guardian is unable or unwilling to protect the child from emotional injury, or if the guardian of the child subjected the child to, or is unable or unwilling to tech the child from cruel and unusual punishment in any one of these scenarios says Divorce Lawyer Edmonton. A person is obligated to report the situation to the police or child and family services.

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Divorce lawyer Edmonton says now once child and family services, obtains a complaint says divorce lawyer Edmonton. They are permitted, and have very broad powers to investigate that complaint. So they can definitely talk to the parents or guardians, and any third parties. And as part of their investigation, you know, it can encompass quite a few people. Including being able to come into your home to question you or to make sure a child is okay. Once a child is determined to be in need of intervention, child and family services has the option. To pursue matters outside of the courts. Meaning they can enter into agreements with the parents or guardians related to how to address. Some of the concerns that were raised as a result of the report.

Family Enhancement Agreements

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These types of agreements are, are supposed to be voluntary says divorce lawyer Edmonton. Parents are not forced to enter into them. And it’s normally a good idea to get a lawyer, to provide legal advice. About the implications of signing off on such agreements, before the agreements are signed off on says divorce lawyer Edmonton. And the agreements themselves are called either custody agreements, family enhancement agreements, or seriously: permanent guardianship agreements.

Check With A Lawyer Before Signing Anything

So, if you, as a guardian or parent are given this option to sign this agreement. Get a lawyer to review it with you. First, there are a number of lawyers in the city and across Alberta, including our firm that will provide free legal advice or free legal information. So seek out those supports before you sign off on these agreements. And the reason is because you want to be a hundred percent sure what you’re signing off on and what the implications are.

Get Independent Legal Advice

You want to be fully informed and do not rely on CFS necessarily to provide you that information. They’re not independent. They don’t work for the parents. Whereas lawyers are independent of CFS and they can give you that independent legal advice. Now, if CFS decides to take the route of going through the court system, instead of through these types of agreements. Then normally what they’ll do is apply for something called an apprehension order.

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What Are Apprehension Orders?

They can apply for these orders in court. Oftentimes they’re granted by a judge and it enables CFS to go into someone’s premises and literally take the children away, apprehend them. It doesn’t have to be, given to the parents notice given prior to the application. And notice to the parents is oftentimes given after the apprehension order is already granted says divorce lawyer Edmonton. But certainly after the apprehension orders are granted, parents definitely need to be given notice so that they can properly respond to it. They should call divorce lawyer Edmonton next.

Hire A Lawyer To Help You And Your Child

Once an apprehension order is granted CFS has a number of specific days. They don’t have forever, but a number of specific days to then side, what type of substantive application they want to make. If you have any questions about this. Please visit eLaw Alliance and get the advice from the city’s best divorce lawyer Edmonton.